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CC - Staff Report Settlers Square – MDA H-2016-0074 1 STAFF REPORT HEARING DATE: August 16, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 SUBJECT: Settlers Square Subdivision – MDA H-2016-0074 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Seagle Three, LLC, requests a modification to the existing development agreement (MDA) for the purposes of changing the internal public roads to private driveways, and to allow for temporary vehicle access to Ustick Road. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0074 as presented in the staff report for the hearing date of August 16, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0074 as presented during the hearing on August 16, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0074 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 870 W. Ustick Road in the southwest ¼ of Section 36, Township 4 North, Range 1 West. B. Owner/Applicant: Seagle, Three, LLC 2618 2nd Ave. Seattle, WA 98121 C. Representative: Lance Warnick, Aspen Engineers PO Box 205 Kuna, ID 83634 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required Settlers Square – MDA H-2016-0074 2 before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 1, and August 8, 2016 C. Radius notices mailed to properties within 300 feet on: July 25, 2016 D. Applicant posted notice on site by: July 25, 2016 VI. LAND USE A. Existing Land Use(s): The site is currently vacant. B. Description of Character of Surrounding Area: The subject site is surrounded by residential subdivisions located on the north, south and west sides of the proposed development. A commercial development is located east of the subject site with a gas/convenience store and a mix of office uses. C. History of Previous Actions:  In 2008, the property was granted annexation (AZ-07-018), approval by the City Council with the C-C zoning district for Settlers Square Subdivision. A development agreement (DA) was approved with the annexation (instrument # 108059803). A preliminary plat (PP-07-021) was also approved concurrently that consisted of 12 commercial lots and 2 common lots on 9.001 acres. The preliminary plat expired in 2010, but the Development Agreement for the property does not expire, and is still in effect.  In 2015, the property was granted preliminary plat (H-2015-0014) approval for 12 commercial lots on 9.001 acres of land however, a condition of approval required the applicant to modify the existing DA prior to Council’s approval of the PP Findings. VII. ANALYSIS The applicant is requesting to amend the recorded development agreement (DA) approved with the annexation of the property in 2007 (Instrument #108059803). In the Development Agreement that was signed in 2008, the applicant was granted direct access to Ustick Road. Due to policy changes at ACHD, and city code changes, direct access to Ustick Road is no longer desired by both parties. In working with the applicant, City staff and ACHD are supportive of an interim access to Ustick Road until such time that a public street and/or shared driveway are constructed with the development of the property to the west. To ensure the interim access is terminated in the future, staff required the applicant to submit a revised concept plan with a concurrent development agreement modification application prior to adoption of the Findings by City Council. The provided concept plan was to provide details on how the site would be designed after the removal of the temporary access to Ustick Road. NOTE: ACHD also requires the applicant to enter into a development agreement with them for the temporary access to Ustick Road and provide financial surety for the closure of the driveway. DA Modification: In general, staff is supportive of the requested changes, to the DA. To move forward with development of the site as proposed by the applicant, staff recommends the following DA modifications: 1. Development of the property shall substantially comply with the commercial elevations and the conceptual site plan submitted with the subject application (see Exhibit A), as determined by the Planning Director, including the concepts outlined below.  Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as proposed. Settlers Square – MDA H-2016-0074 3  Commercial structures shall be built adjacent to roadways with on-site parking to the rear and sides of the structures; as proposed (on-street parking is approved).  Building materials (stucco and wood siding, architectural composition shingles, metal awnings and brick veneer accents), architectural elements (50% glazing on ground level, metal awnings, brick veneer pilasters, and entry way porticos on the larger scaled buildings).  A minimum of 7 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this development shall be 108,000 square feet. 2. A. Except for the two access points noted on the plat, no lot shall have direct access t o Ustick Road or Venable Ave. Place a note on the face of the final plat prohibiting direct lot access to Ustick Road and Venable Ave. The single/temporary access to Ustick Road shall be terminated at the time the property to the west constructs an access to Ustick Road that aligns with N. Blairmore Way. B. A cross-access easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the public streets via private drive aisles. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer’s signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. Staff recommends approval of the development agreement modification with recommended provisions attached in Exhibit A.6. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Approved Concept Plan 3. Proposed Concept Plan 4. Proposed Change to the Development Agreement Settlers Square – MDA H-2016-0074 4 Exhibit A.1: Vicinity/Zoning Map Settlers Square – MDA H-2016-0074 5 Exhibit A.2: Approved Concept Plan Settlers Square – MDA H-2016-0074 6 Exhibit A.3: Proposed Concept Plan Settlers Square – MDA H-2016-0074 7 Exhibit A.4: Proposed Changes to the Development Agreement 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Development of the property shall substantially comply with the commercial elevations and the conceptual site plan submitted with the subject application (see Exhibit A), as determined by the Planning Director, including the concepts outlined below.  Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as proposed.  Commercial structures shall be built adjacent to roadways with on-site parking to the rear and sides of the structures; as proposed (on-street parking is approved).  Building materials (stucco and wood siding, architectural composition shingles, metal awnings and brick veneer accents), architectural elements (50% glazing on ground level, metal awnings, brick veneer pilasters, and entry way porticos on the larger scaled buildings).  A minimum of 7 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this development shall be 108,000 square feet. 2. A. Except for the two access points noted on the plat, no lot shall have direct access to Ustick Road or Venable Ave. Place a note on the face of the final plat prohibiting direct lot access to Ustick Road and Venable Ave. The single/temporary access to Ustick Road shall be terminated at the time the property to the west constructs an access to Ustick Road that aligns with N. Blairmore Way. B. A cross-access easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the public streets via private drive aisles. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer’s signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access.